ORDINANCE AMENDING SECTION 2-1795 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATED TO PROCEDURES TO BE FOLLOWED BY THE COMMISSION AUDITOR IN THE PREPARATION AND ADOPTION OF THE COUNTY’S ANNUAL BUDGET; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 100648]

Indexes:

COMMISSION AUDITOR

Sponsors:

Joe A. Martinez, Prime Sponsor

Audrey M. Edmonson, Prime Sponsor

Sen. Javier D. Souto, Co-Sponsor

Sunset Provision:
No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History

Acting Body

Date

Agenda Item

Action

Sent To

Due Date

Returned

Pass/Fail

Board of County Commissioners

6/3/2010

7D

Adopted

P

REPORT:

First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record.
Commissioners Edmonson and Souto asked to be added as co-sponsors.
Chairman Moss asked Vice Chairman Diaz to chair the meeting prior to his departure from the meeting.
Hearing no further questions or comments, the Board proceeded to vote on the foregoing ordinance as presented.

County Attorney

5/17/2010

Assigned

Geri Bonzon-Keenan

Budget, Planning and Sustainability Committee

5/11/2010

1G1 AMENDED

Forwarded to BCC with a favorable recommendation with committee amendment(s)

P

REPORT:

Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.
Chairwomen Sorenson opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak.
Commissioner Martinez noted Commissioner Edmonson had sent a memorandum requesting an amendment to this proposed ordinance to include any mid-year and year end amendments to the general fund.
Commissioner Jordan suggested this proposed ordinance be amended to include the Board of County Commissioners and all of the County offices and departments under the County Commission’s purview.
Commissioner Martinez noted he would accept Commissioner Jordan’s suggested amendment.
Ms. Jennifer Glazer-Moon, Budget Director, Office of Strategic Business Management, noted that the role of the Commission Auditor was to conduct an in depth review and analysis of the County budget, and that this proposed ordinance highlighted the review and analysis for the departments and offices in this proposal.
Commissioner Martinez explained that the intent of this proposed ordinance was to make the budget process for the independent entities, like the Inspector General, less political by removing the County Mayor and the County Commission from the budget development process.
Commissioner Jordan noted that notwithstanding the Commission Auditor preparing the annual budget for the entities designated in this proposed ordinance and the County Mayor preparing the annual budget for the remaining County departments, the County budget needed to reflect consistency in any recommended budget cuts. She requested this proposed ordinance be amended to include language that would require this consistency.
Commissioner Gimenez noted he opposed Commissioner Jordan’s suggested amendment to require consistency. He expressed concern regarding how that requirement would restrict future decisions by the County Commission.
Chairwoman Sorenson pointed out that funding priorities change and those priorities could require inconsistency in applying budget cuts.
Mr. Charles Anderson, Commission Auditor, pointed out that this proposed ordinance as presented had no fiscal impact on the Office of the Commission Auditor, however, the amendments to this proposed ordinance would have a fiscal impact.
Ms. Glazer-Moon pointed out that Florida State Statutes required that the County Budget Officer present a budget to the Board of County Commissioners 15 days after the certification of value. She noted the Budget Director needed to know how much revenue the Commission Auditor was using to avoid assigning that revenue to two different line items.
In response to Commissioner Gimenez’s question regarding compliance with the State Statutes if the Commission Auditor and the Budget Officer both presented budgets to the County Commission, Ms. Glazer-Moon clarified that her comment was regarding the need to balance the budget, and that the Commission Auditor could prepare its own budget.
Ms. Glazer-Moon responded to additional questions from Commissioners Gimenez and Martinez regarding the County Administration proposing a budget.
Commissioner Martinez asked the Commission Auditor to provide each Commissioner with a report on the fiscal impact of this proposed ordinance as amended to include the Board of County Commissioners and all of the County offices and departments under the County Commission’s purview.
Hearing no other questions or comments, the Committee proceeded to vote on this proposed ordinance as amended to include any mid-year and year end amendments to the general fund, and to include the Board of County Commissioners and all of the County offices and departments under the County Commission’s purview.

Legislative Text

TITLE

ORDINANCE AMENDING SECTION 2-1795 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATED TO PROCEDURES TO BE FOLLOWED BY THE COMMISSION AUDITOR IN THE PREPARATION AND ADOPTION OF THE COUNTY’S ANNUAL BUDGET; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1795 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows: 1
Sec 2-1795. Allocation of County Resources.

* * *

(d) The County Manager shall, no later than January 31 of each year, transmit to the Board of County Commissioners no more than twenty (20) of his or her top recommendations to be reflected in the coming year’s budget. These recommendations shall be presented in measurable, quantifiable terms to the extent possible and shall be considered by the appropriate committees of the County Commission. Each committee shall formulate its top priorities and policy objectives and forward those recommendations to the County Commission. The County Commission shall no later than the first meeting in April of each year consider the Committees’ priorities and policy objectives and, by motion, approve up to twenty (20) priorities and policy objectives for the coming year’s budget. This list shall guide the Commission when adopting the budget. On an annual basis, the County Manager shall present the proposed budget, including the proposed resource allocation plans, to the Board of County Commissioners for approval in accordance with the requirements of Section 5.03 of the Home Rule Charter. The Commission Auditor shall work with the Office of Strategic Business Management in the development of the proposed budget. Copies of the proposed budget referenced in the first sentence of Section 5.03(B) of the Home Rule Charter shall be made available to the County Commission and the Commission Auditor on the same date as such budget is presented by the County Manager to the Mayor. The Commission Auditor shall then commence an in-depth review and analysis of such budget giving full consideration to the County Commission’s adopted priorities and policy directives >>, including specifically, an in-depth review and analysis of the proposed budget of the<<2 >>Board of County Commissioners and all departments and divisions that report directly to the Board, including the County Attorney’s Office, the<< >>Office of the Inspector General, the Commission on Ethics and Public Trust and the Office of Commission Auditor and Legislative Analysis Division under the Board of County Commissioners’ fund<>the budget proposed by the Mayor<< made as a result of the budget prepared and recommended by the County Manager, and the Mayor’s written response thereto, presented to the Commission in accordance with the second sentence of Section 5.03(B) of the Home Rule Charter. >>In addition to the foregoing, the Commission Auditor, in consultation with the Chair of the committee having jurisdiction over budgetary matters and the Mayor’s designee from the Office of Strategic Business Management, shall prepare a separate budget for the << >>Board of County Commissioners and all departments and divisions that report directly to the Board, including the County Attorney’s Office, the<< >>Office of the Inspector General, the Commission on Ethics and Public Trust and the Office of Commission Auditor and Legislative Analysis Division under the Board of County Commissioners’ fund. Prior to the first meeting of the Committee of the Whole, the Commission Auditor shall present same to the Committee of the Whole.<< Between August 15th and the first budget hearing, a Committee of the Whole shall meet to review and discuss the >>Mayor’s<< proposed budget >>and the Commission Auditor’s proposed budgets for the<< >>Board of County Commissioners and all departments and divisions that report directly to the Board, including the County Attorney’s Office, the<< >>Office of the Inspector General, the Commission on Ethics and Public Trust and the Office of Commission Auditor and Legislative Analysis Division under the Board of County Commissioners’ fund<< in relation to the County Commission’s approved budget priorities and policy objectives and the findings, results and recommendations of the Commission Auditor. Prior to the first budget hearing and after consultation with the Commission Chair and the Chair of the committee having jurisdiction over budgetary matters, the Commission Auditor, in cooperation with the Mayor or his/her designee, shall prepare and issue any recommended written changes to the >>Mayor’s<< proposed budget and shall present same together with proposed budget amendments to the County Commission at the first budget hearing. A Committee of the Whole shall meet between the first and second budget hearings to discuss any proposed changes and recommendations which may result from the first budget hearing. At the second budget hearing, after consultation with the Chair of the Commission and the Chair of the committee having jurisdiction over budgetary matters and in cooperation with the Mayor or his/her designee, the Commission Auditor shall issue any final recommended written changes to the tentative budget and then present implementing amendments thereto to the County Commission. >>In addition, the Commission Auditor shall review and analyze any mid year and year end budget amendments proposed by the Mayor or his/her designee giving full consideration to the County Commission’s adopted priorities and policy directives. The Commission Auditor shall issue any final recommended written changes to the Mayor’s proposed mid year and year end budget amendments and present same to the County Commission prior to its consideration of such proposed budget amendments.<< This paragraph is not intended to be construed in any way as a limitation on the Mayor’s right to participate in the budget process as set forth in the Home Rule Charter, including specifically the right to attend and be heard at the budget hearings to express a difference of opinion with the Commission Auditor’s recommendations and proposed changes >>, or the Commission Auditor’s proposed budgets for the<< >>Board of County Commissioners and all departments and divisions that report directly to the Board, including the County Attorney’s Office, the<< >>Office of the Inspector General, the Commission on Ethics and Public Trust and the Office of Commission Auditor and Legislative Analysis Division under the Board of County Commissioners’ fund< Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.